No. 17 - Workmen's Compensation (Accidents), 1925

Provisions

• This Convention deals with compensation for workers who suffer personal injury due to industrial accident.
• This Convention does not cover seafarers, fishers, or agricultural workers.
• Some categories of workers may be exempted, for example, outworkers, members of the employer's family who live at home, persons who earn more than a specified amount, and so on.
• Compensation is payable to the injured worker or his or her dependants.
• In the case of permanent incapacity or death, compensation shall be paid as periodical payments, although a lump sum may be paid if the competent authority is satisfied that it will be properly utilised.
• Compensation in the case of incapacity must be paid not later than as from the fifth day after the accident.
• Additional compensation is to be paid if the injured worker requires constant care.
• Injured workers are entitled to whatever medical, surgical and pharmaceutical aid is necessary, and the cost of this is to be met by the employer or an insurance institution.
• They are also entitled to the supply and renewal of artificial limbs and surgical appliances; although in exceptional circumstances a cash equivalent may be provided for these.

Administered by

Accident Compensation Corporation

• Injury Prevention, Rehabilitation, and Compensation Act 2001

Department of Labour

• Health and Safety in Employment Act 1992
• Health and Safety in Employment Regulations 1995

Ministry of Social Development

• Social Security Act 1964

How New Zealand implements it

• The Injury Prevention, Rehabilitation, and Compensation Act applies to all injuries sustained in New Zealand, including work-related injuries. It sets out entitlements to be provided to injured workers who have cover, including compensation for lost earnings, payment for, and contributions towards, the costs of treatment, and payment or provision of social, physical, and vocational rehabilitation.
• The Act places an emphasis on minimising the incidence of injury and the impact of injury. Accordingly, the Act focuses upon injury prevention and rehabilitating claimants to the maximum extent practicable, and facilitating, where possible, a sustainable return to work and independence.
• The Act applies equally to all workers and covers all workers in New Zealand. The only difference made in relation to those who work on a casual basis is for the purpose of calculating weekly compensation for lost earnings, which reflects such workers' uneven earning patterns.
• No differentiation is made between workers based on the industry within which they work.
• Compensation for lost earnings is paid on a weekly basis, and is not generally able to be paid in a lump sum. However, the Act introduced lump sum payments for workers who have suffered permanent impairment.
• Weekly compensation is payable to the worker if they have been incapacitated by the injury.
• If an injury has caused a worker's death, compensation for lost earnings is paid to the spouse, children and any other dependants of the deceased worker.
• For work injuries, compensation is paid from the first day of incapacity. For the first week of incapacity the injured worker's employer pays this weekly compensation; after this Accident Compensation Corporation pays for the compensation.
• Where necessary, the Accident Compensation Corporation may provide an attendant carer for the injured worker, in addition to compensation for lost earnings.
• Free necessary treatment is available at all New Zealand emergency departments in public hospitals, regardless of the degree of injury.
• People who are incapacitated and unable to work may be entitled to a Sickness Benefit or Invalid's Benefit and/or Disability Allowance paid under the Social Security Act.

This Convention is not applicable to Tokelau.

Ratified - 29 March 1938

Total ratifications - 71

---